Chapter 10 — Environment

Sec. 10-26. Definitions.

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Ashes means residue from fires used for cooking and for heating buildings.

Garbage means wastes resulting from the handling, preparation, cooking and consumption of food; wastes from the handling, storage and sale of produce.

Occupant means any person living on any premises shall be deemed an occupant, and any person receiving the rent, in whole or in part, of any premises, shall be deemed an agent; on any premises where construction of any kind is in progress, and where employees or workmen eat their dinners or lunches, in or about such premises, or scatter food or lunch in or about such premises the contractor or foreman or other persons in charge of such workmen shall be deemed an occupant; and the person in charge of any market, or stall in any market, shall be deemed an occupant.

Refuse means combustible trash, including, but not limited to, paper, cartons, boxes, barrels, wood, excelsior, tree branches, yard trimmings, wood furniture, bedding; noncombustible trash, including, but not limited to, metals, tin cans, metal furniture, dirt, small quantities of rock and pieces of concrete, glass, crockery, other mineral wastes; street rubbish, including but not limited to, street sweepings, dirt, contents of litter receptacles, leaves, catchbasin dirt; provided, refuse shall not include earth wastes from building operations, nor shall it include solid wastes resulting from industrial processes and manufacturing operations such as food processing wastes, boiler-house cinders, lumber, scraps and shavings. (Code 1972, § 12-1)

Cross reference-Keeping noisy animals,§ 4-4.

Sec. 10-27. General authority to compel correction of conditions detrimental to health.

The city council shall have full power to compel any person within the city to remedy any condition not specifically mentioned in this chapter, or to do any act, or cease to do any act, after due notice, when in their judgment it is necessary to the health of the city, or any neighborhood. (Code 1972, § 12-4)

Charter reference-General health, safety and welfare, § 1.4(41).

*State law reference-Nuisances, O.C.G.A. § 41-1-1 et seq.

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Sec. 10-28. Failure to abate nuisance; punishment.

Unless otherwise provided in this chapter, any person who shall erect or continue, after notice to abate, a nuisance which tends to annoy the community, to injure the health of the citizens in general or to corrupt the public morals, shall be punished in accordance with section 1-14. (Code 1972, § 12-4.1)

Sec. 10-29. Correction of unhealthy, unsanitary, deleterious conditions of property generally.

(bl Notice to correct condition. It shall be the duty of the sanitation superintendent to notify any owner, agent in control, or tenant in possession of any property, that is determined by him on account of its condition to be unhealthy, unsanitary, infested with or liable to become infested with insects, rodents or reptiles, or a source of annoyance to the property owner's neighbors or the neighborhood of the city, that such conditions exist on the property. It shall further be the duty of the sanitary superintendent to specify a time, not to exceed 30 days, in such notice, within which such owner, agent in control or tenant in possession of such property shall correct the conditions existing on such property causing it to be as described in this subsection.

(cl Seroice, contents of notice. Such aforementioned notice shall be delivered in person by the superintendent of sanitation or a policeman of the city to the owner, agent in control or tenant in possession of such property. Such notice shall contain a description of such property sufficient to identify it.

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Sec. 10-30. Accumulated filth; abatement of condition.

Sec. 10-31. Authority to institute proceedings to abate nuisance on property.

The superintendent of sanitation is hereby empowered in any case in which complaint may be made to him by any citizen, or where his investigation as health officer shows it to be necessary, to summon before the municipal court, the owner, agent in control or tenant in possession of any premises on which it is claimed a nuisance exists, and to hear evidence and determine the question of the existence of such nuisance. In all such cases if a nuisance is adjudged to exist, the same shall, by order of the court, be abated. (Code 1972, § 12-7)

Sec. 10-32. Rank growth of plants; accumulations of trash, junked vehicles, etc.

State law references-Abandoned automobiles as solid waste, 0 .C.G.A. § 12-8-22(11); authority to provide by ordinance for removal and disposal of junked vehicles, O.C.G.A. § 36-60-4; when police officers may remove vehicles, O.C.G.A. § 40-6-206; abandoned motor vehicles, O.C.G.A. § 40-11-1 et seq.; removal of improperly parked cars, O.C.G.A. § 44-1-13.

Sec. 10-33. Uncovered wells.

All wells not properly covered in enclosed or unenclosed lots in this city are hereby declared nuisances. It shall be unlawful for any person to refuse or neglect to safely cover and properly protect all persons and animals from the danger of any open well on his premises within four hours, when notified so to do by the police. (Code 1972, § 12-8.1)

State law reference-Abatement of hazard from abandoned well or hole, O.C.G.A. § 44-1-14.

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Sec. 10-34. Unsheltered storage of junked personalty.

Sec. 10-35. Outdoor storage of vehicle tires prohibited.

It shall be unlawful for any person to stack or store new or used automobile, truck or tractor tires in an outdoor area within the city. The storage of all of such tires shall be in an enclosed and covered area within the city. Nothing in this section shall prohibit or prevent the outdoor display of tires for sale during normal business hours; provided, however, that such tires are stored in an enclosed and covered area after normal operating hours. A violation of this section shall be punished in accordance with section 1-14. (Code 1972, § 12-8.3)

Sec. 10-36. Noises.

Secs. 10-37—10-49. Reserved.

ARTICLE III. SOIL EROSION, SEDIMENTATION AND POLLUTION CONTROL*

Sec. 10-50. Short title.

This article will be known as "City of Newnan Soil Erosion, Sedimentation and Pollution Control Ordinance." (Ord. No. 16-15, 11-22-16)

*Editor’s note—Ord. No. 16-15, adopted Nov. 22, 2016, repealed the former Art. III, §§ 10-50—10-59, and enacted a new Art. III as set out herein. The former Art. III pertained to similar subject matter and derived from Ord. No. 10-14, § I, adopted Sept. 14, 2010.

Sec. 10-51. Findings and intent.

It is hereby found that soil erosion and sediment deposition are occurring as a result of widespread failure to apply proper soil erosion and sedimentation control practices in land clearing, soil movement, and construction activities, and that such erosion and sediment deposition result in pollution of water and damage to domestic, agricultural, recreational, fish and wildlife, and other resource uses. It is, therefore, declared to be the policy of this city and the intent of this section to provide for the establishment and implementation of soil erosion and sedimentation control measures to conserve and protect land and water resources, in accordance with the requirements of the Erosion and Sedimentation Act of 1975 (H.B. No. 174, 1975 Session, General Assembly of Georgia), as amended. (Ord. No. 16-15, 11-22-16)

Sec. 10-52. Definitions.

The following definitions shall apply in the interpretation and enforcement of this section, unless otherwise specifically stated:

Best management practices (BMP's): These include sound conservation and engineering practices to prevent and minimize erosion and resultant sedimentation, which are consistent with, and no less stringent than, those practices contained in the "Manual for Erosion and Sediment Control in Georgia" published by the commission as of January 1 of the year in which the land-disturbing activity was permitted.

Board: The board of natural resources.

Buffer: The area of land immediately adjacent to the banks of state waters in its natural state of vegetation, which facilitates the protection of water quality and aquatic habitat.

Certified personnel: A person who has successfully completed the appropriate certification course approved by the Georgia Soil and Water Conservation Commission.

Commission: The Georgia Soil and Water Conservation Commission ("GSWCC").

Costal marshlands: Shall have the same meaning as in O.C.G.A. § 12-5-282.

CPESC: Certified professional in erosion and sediment control with current certification by EnviroCert, Inc., which is also referred to as CPESC or CPESC, Inc.

Cut: A portion of land surface or area from which earth has been removed or will be removed by excavation; the depth below original ground surface to excavated surface. Also known as excavation.

Department: The Georgia Department of Natural Resources ("DNR"), Design professional: A professional licensed by the State of Georgia in the field of: engineering, architecture, landscape architecture, forestry, geology, or land surveying; or a person that is a Certified Professional in Erosion and Sediment Control (CPESC) with a current certification by EnviroCert, Inc. Design professionals shall practice in a manner that complies with applicable Georgia law governing professional licensure.

Director: The director of the environmental protection division or an authorized representative.

District: The West Georgia Soil and Water Conservation District.

Division: The Environmental Protection Division (EPD) of the Department of Natural Resources.

Drainage structure: A device composed of a virtually non-erodible material such as concrete, steel, plastic or other such material that conveys water from one place to another by intercepting the flow and carrying it to a release point for storm-water management, drainage control, or flood control purposes.

Erosion: The process by which land surface is worn away by the action of wind, water, ice or gravity.

Erosion, sedimentation and pollution control plan: A plan required by the Erosion and Sedimentation Act, O.C.G.A. Chapter 12-7, that includes, as a minimum protections at least as stringent as the state general permit, best management practices, and requirements in section 10-54(c) of this article.

Fill: A portion of land surface to which soil or other solid material has been added; the depth above the original ground surface or an excavation.

Final stabilization: All soil disturbing activities at the site have been completed, and that for unpaved areas and areas not covered by permanent structures and areas located outside the waste disposal limits of a landfill cell that has been certified by EPD for waste disposal, 100 percent of the soil surface is uniformly covered in permanent vegetation with a density of 70 percent or greater, or landscaped according to the plan (uniformly covered with landscape areas) or equivalent permanent stabilization measures as defined in the manual (excluding a crop of annual vegetation and seeding of target crop perennials appropriate for the region). Final stabilization applies to each phase of construction.

Finished grade: The final elevation and contour of the ground after cutting or filling and conforming to the proposed design.

Grading: Altering the shape of ground surfaces to a predetermined condition; this includes stripping, cutting, filling, stockpiling and shaping or any combination thereof and shall include the land in its cut or filled condition.

Ground elevation: The original elevation of the ground surface prior to cutting or filling.

Land-disturbing activity: Any activity which may result in soil erosion from water or wind and the movement of sediments into state waters or onto lands within the state, including, but not limited to, clearing, dredging, grading, excavating, transporting, and filling of land but not including agricultural practices as described in section 10-53(5).

Larger common plan of development or sale: A contiguous area where multiple separate and distinct construction activities are occurring under one plan of development or sale. For the purposes of this paragraph, "plan" means an announcement; piece of documentation such as a sign, public notice or hearing, sales pitch, advertisement, drawing, permit application, zoning request, or computer design; or physical demarcation such as boundary signs, lot stakes, or surveyor markings, indicating that construction activities may occur on a specific plot.

Local issuing authority: The governing authority of the City of Newnan, a municipal corporation which is certified by the Director of the Environmental Protection Division of the Department of Natural Resources as an local issuing authority, pursuant to subsection (a) O.C.G.A. § 12-7-8.

Metropolitan River Protection Act (MRPA): A state law referenced as O.C.G.A. § 12-5-440 et seq., which addresses environmental and developmental matters in certain metropolitan river corridors and their drainage basins.

Natural ground surface: The ground surface in its original state before any grading, excavation, or filling.

Nephelometric turbidity units (NTU): Numerical units of measure based upon photometric analytical techniques for measuring the light scattered by finely divided particles of a substance in suspension. This technique is used to estimate the extent of turbidity in water in which colloidally dispersed particles are present.

NOI: A notice of intent form provided by EPD for coverage under the state general permit.

NOT: A notice of termination from provided by EPD to terminate coverage under the state general permit.

Operator: The party or parties that have: (i) operational control of construction project plans and specifications, including the ability to make modifications to those plans and specifications; or (ii) day-to-day operational control of those activities that are necessary to ensure compliance with an erosion, sedimentation and pollution control plan for the site or other permit conditions, such as a person authorized to direct workers at a site to carry out activities required by the erosion, sedimentation and pollution control plan or to comply with other permit conditions.

Outfall: The location where storm water in a discernible, confined and discrete conveyance, leaves a facility or site or, if there is a receiving water on site, becomes a point source discharging into that receiving water.

Permit: The authorization necessary to conduct a land-disturbing activity under the provisions of this article.

Person: Any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, state agency, municipality or other political subdivision of the State of Georgia, any interstate body or any other legal entity.

Phase or phased: Sub-parts or segments of construction projects where the sub-part or segment is constructed and stabilized prior to completing construction activities on the entire construction site.

Project: The entire proposed development project regardless of the size of the area of land to be disturbed.

Properly designed: Designed in accordance with the design requirements and specifications contained in the "Manual for Erosion and Sediment Control in Georgia" (Manual) published by the Georgia Soil and Water Conservation Commission as of January 1 of the year in which the land-disturbing activity was permitted and amendments to the manual as approved by the commission up until the date of NOI submittal.

Road drainage structure: A device such as a bridge, culvert, or ditch, composed of a virtually non-erodible material such as concrete, steel, plastic, or other such material that conveys water under a roadway by intercepting the flow on one side of a traveled way consisting of one or more defined lanes, with or without shoulder areas, and carrying water to a release point on the other side.

Sediment: Solid material, both organic and inorganic, that is in suspension, is being transported, or has been moved from its site of origin by wind, water, ice, or gravity as a product of erosion.

Sedimentation: The process by which eroded material is transported and deposited by the action of water, wind, ice or gravity.

Soil and water conservation district approved plan: An erosion, sedimentation and pollution control plan approved in writing by the West Georgia Soil and Water Conservation District.

Stabilization: The process of establishing an enduring soil cover of vegetation by the installation of temporary or permanent structures for the purpose of reducing to a minimum the erosion process and the resultant transport of sediment by wind, water, ice or gravity.

State general permit: The National Pollution Discharge Elimination System (NPDES) general permit or permits for storm-water runoff from construction activities as is now in effect or as may be amended or reissued in the future pursuant to the state's authority to implement the same through federal delegation under the Federal Water Pollution Control Act, as amended, 33 U.S.C. Section 1251, et seq., and subsection (f) of O.C.G.A. § 12-5-30.

State waters: Any and all rivers, streams, creeks, branches, lakes, reservoirs, ponds, drainage systems, springs, wells, and other bodies of surface or subsurface water, natural or artificial, lying within or forming a part of the boundaries of the state which are not entirely confined and retained completely upon the property of a single individual, partnership, or corporation.

Structural erosion, sedimentation and pollution control practices: Practices for the stabilization of erodible or sediment-producing areas by utilizing the mechanical properties of matter for the purpose of either changing the surface of the land or storing, regulating or disposing of runoff to prevent excessive sediment loss. Examples of structural erosion and sediment control practices are riprap, sediment basins, dikes, level spreaders, waterways or outlets, diversions, grade stabilization structures and sediment traps, etc. Such practices can be found in the publication Manual for Erosion and Sediment Control in Georgia.

Trout streams: All streams or portions of streams within the watershed as designated by the Wildlife Resources Division of the Georgia Department of Natural Resources under the provisions of the Georgia Water Quality Control Act, O.C.G.A. § 12-5-20, in the rules and regulations for Water Quality Control, Chapter 391-3-6 at www.epd.georgia.gov. Streams designated as primary trout waters are defined as water supporting a self-sustaining population of rainbow, brown, or brook trout. Streams designated as secondary trout waters are those in which there is no evidence of natural trout reproduction, but are capable of supporting trout throughout the year. First order trout waters are streams into which no other streams flow except springs.

Vegetative erosion and sedimentation control measures: Measures for the stabilization of erodible or sediment-producing areas by covering the soil with:

Such measures can be found in the publication Manual for Erosion and Sediment Control in Georgia.

Watercourse: Any natural or artificial watercourse, stream, river, creek, channel, ditch, canal, conduit, culvert, drain, waterway, gully, ravine, or wash in which water flows either continuously or intermittently and which has a definite channel, bed and banks, and including any area adjacent thereto subject to inundation by reason of overflow or floodwater.

Wetlands: Those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. (Ord. No. 16-15, 11-22-16)

Sec. 10-53. Exemptions.

This article shall apply to any land-disturbing activity undertaken by any person on any land except for the following:

Sec. 10-54. Minimum requirements for erosion, sedimentation and pollution control using best management practices.

Sec. 10-55. Application/permit process.

Sec. 10-56. Inspection and enforcement.

Sec. 10-57. Penalties and incentives.

Sec. 10-58. Education and certification.

Sec. 10-59. Administrative appeal judicial review.

Sec. 10-60. Effectivity, validity and liability.

Secs. 10-61—10-80. Reserved.

ARTICLE III. TREE CONSERVATION AND LANDSCAPE ORDINANCE*

Sec. 10-81. Purpose.

This tree conservation and landscape ordinance has been developed to benefit the environmental and aesthetic quality of the City of Newnan. The intent is to create an opportunity and promote conservation of the city's natural resources and grow in a way that will provide a healthy environment for Newnan's future. The purpose of this article is to provide standards for the conservation of trees as part of the land development process; to prevent massive grading of land, both developed and undeveloped, without provision for replacement of trees; and to conserve trees during construction whenever possible in order to enhance the quality of life within the City of Newnan. The regulations of this tree conservation and landscape ordinance shall be the definitive, unless otherwise directed by the Zoning Ordinance or City Code. The benefits derived from this article include:

*Editor’s note—Ord. No. 2022-5, § I, adopted Feb. 2, 2022, repealed and readopted art. III to read as set out herein. Former art. III, §§ 10-81—10-85 pertained to similar subject matter and derived from Ord. No. 00-01, § 1, adopted January 11, 2000; Ord. No. 00-36, adopted Nov. 14, 2000; and Ord. No. 03-15, § 1, adopted June 26, 2003.

Sec. 10-82. Definition of terms.

The following definitions are to clarify terms found in this article. Terms in this article that are not defined herewith shall be defined by the definition provided by the American Heritage Dictionary, Second College Edition or comparable dictionary. If the term cannot be found or if there is no logical nexus between the term in this article and a dictionary, the zoning administrator shall seek to provide a suitable definition.

Buffer.

Caliper. The diameter of a tree trunk measured at six inches above the ground, up to and including four inches caliper size, and 12 inches above the ground for larger sizes. Used for nursery stock and newly planted trees, and not for established trees.

City landscape architect. The agent of City of Newnan having the primary responsibilities of administration and enforcement of the tree conservation and landscape ordinance.

Clearing. The selective removal of vegetation from a property, whether by cutting or other means.

Clear-cutting. The indiscriminate and broad removal of trees, shrubs, or undergrowth with the intention of preparing real property for non-agricultural development purposes. This definition shall not include the selective removal of non-native tree and shrub species when the soil is left relatively undisturbed; removal of dead trees; or normal mowing operations (See also "clearing").

Critical root zone. A more or less circular area above and extending 24 inches below the ground around the trunk of a tree with a radius equivalent to the distance to the drip line or one and one-quarter feet for every one foot in diameter at breast height (dbh), whichever is greater. The critical root zone increases in size as a tree grows larger.

Diameter breast height (DBH). The outside diameter of the trunk of a tree, measured four and one-half feet above ground level. For trees with co-dominant (forked stems) the trunk is measured below the fork and above the trunk flare at the point of the smallest diameter. For multi-stemmed trees, the diameter is considered to be the sum of the diameters of all of the stems that contribute significantly to the crown.

Drip line. A line extending down to the ground from the greatest horizontal extent of a tree's branches, more or less forming a cylinder around the tree.

Existing density factor (EDF). The tree density units awarded for the conservation of existing trees which will remain on site to be conserved during construction.

Landscape plan. A component of a development, site, or other plan required by this article and the landscape ordinance on which is shown those details required by the City of Newnan Landscape Ordinance.

Landscape strip. Land area located within the boundary of a lot and required to be set aside and used for landscaping upon which only limited encroachments are allowed. The deposition of storm water runoff into, or drainage swales through, a landscape strip is not permitted. Graded slopes in a landscape strip shall not be steeper than four to one.

Landscaping.

Replacement density factor (RDF). The minimum number of tree density units which must be achieved on a property after calculating tree density units for existing trees (EDF) which will remain on site to be protected during construction.

Screening. The method of visually shielding or obscuring one abutting or nearby densely planted vegetation. Screening is designed to reduce the effects of objectionable or potentially objectionable uses and activities between incompatible uses. Breaks in screens shall be permitted to provide adequate ingress and egress as needed.

Site density factor (SDF). The minimum number of tree density units per acre which must be achieved on a property after development.

Specimen tree. Any tree or contiguous stand of trees which qualifies for special consideration for conservation due to its size, species, condition, location, structural integrity, or historic relevance.

Tree. Any living, self-supporting woody perennial plant which normally obtains a trunk diameter at least two inches and a height of at least ten feet, and typically has a main stem or trunk and many branches.

Tree bank. An account maintained by the city landscape architect and funded by developers, as a form of alternative compliance to the tree conservation and landscape ordinance. The expenditure of tree bank funds shall be permitted for various tree conservation activities, including, but not limited to: the purchase, planting, maintenance of trees on public property, the purchase of greenspace, and the funding of tree related educational programs.

Tree, overstory. These trees that compose the top layer or canopy of vegetation and will generally reach a mature height over 40 feet.

Tree, understory. Those trees that grow beneath the overstory, and will generally reach a mature height of under 40 feet.

Tree density standard. The minimum number of tree density units per acre which must be achieved on a property after development.

Tree density unit. A credit assigned to a tree, based on the diameter of the tree, in accordance with tables contained in this article.

Tree diameter. The cross-sectional dimension of a tree trunk measured at four and one-half feet above the ground. If a tree has more than one trunk, only the largest trunk shall be used to establish the tree diameter for the tree. Utilized for measuring existing, established, trees.

Tree protection area. Any portion of a site wherein are located existing trees which are proposed to be retained in order to comply with the requirements of this article. The tree protection area shall include no less than the total critical root zone of a tree or group of trees collectively.

Tree protection plan. A plan that identifies tree protection areas, existing trees to e retained and proposed trees to be planted on a property to meet minimum requirements, as well as methods of tree conservation to be undertaken on the site and other pertinent information.

Tree removal. Any act which causes a tree to die within three years after commission of the act, including but not limited to damage inflicted upon the root system or trunk as a result of:

Tree save area. An area designated for the purpose of meeting tree density requirements, saving natural trees, and/or conserving natural buffers. (Ord. No. 2022-5, § I, 2-2-22)

Sec. 10-83. Applicability.

The terms and provisions of this article shall apply to all land disturbance activities, including tree removal, as outlined within this article, and spelled out in section 10-84, (Permitting and process). (Ord. No. 2022-5, § I, 2-2-22)

Sec. 10-84. Permitting and process.

These landscape ordinance requirements are intended to set minimum standards for quality development and environmental protection. Site conditions or other reasons may justify the need to request an alternative method of compliance. Alternative landscape plans may be considered when the applicant cannot meet one or more of the specific requirements of this article because:

The applicant must submit an alternative landscape plan indicating proposed landscaping, that includes a list of landscaping requirements not met, a detailed description of the alternatives proposed, and a written explanation of how the proposed plan fulfills the spirit and intent of the landscape requirements. If an agreement can not be reached between the city landscape architect and the applicant, the applicant may then appeal to the city's tree commission. The alternative landscape plan must be submitted to and reviewed by the tree commission. In making a recommendation regarding the alternative landscape plan, the tree commission must find that:

In those instances where it has been determined by the tree commission that the available land within a project site cannot bear the total number of tree density units required by this article, the city has established an alternative compliance program. Alternative compliance shall be limited to a contribution to the city's tree fund as described herein.

The City of Newnan has established a tree bank that shall receive payments made by property owners in lieu of planting additional tree density requirements as approved by the tree commission, in addition to forfeited bonds or forfeited escrow funds. Funds in the tree bank shall be administered by the city landscape architect.

Where it is determined by the tree commission that it is impractical or impossible to fully meet the tree density requirements for a site, the portion of the tree density that cannot be accommodated on the site alternative compliance may be satisfied by a payment into the tree bank that shall be made prior to the issuance of a tree removal or land disturbance permit. The amount of the payment shall be calculated based on the cost of purchase and installation of the additional trees and verified by the city landscape architect.

The tree bank funds shall be available for use by the city for the establishment, maintenance, improvement, and expansion of tree cover on public property. The expenditure of tree bank funds shall be permitted for various activities related to tree conservation including but not limited to: purchase of trees, planting of trees, maintenance of trees, purchase of greenspace, or funding of tree care educational programs.

Sec. 10-86. Landscape plan and requirements.

A landscape plan prepared by a landscape architect, registered in the State of Georgia, will be required for any development, with the exception of the construction of individual single family and detached dwellings, in the City of Newnan. A landscape plan shall be prepared for any project wherein buffer areas or other landscaping areas or treatments are required by this article, the Zoning Ordinance, conditions of zoning, special use or variance approval, or other regulations of the City of Newnan, and shall be approved prior to the issuance of a land disturbance permit. A landscape plan is required for single-family residential subdivision development plats. The plan shall address common areas including, but not limited to, such areas as parks, active and passive recreation areas, amenity areas, buffers, landscape strips, and entrances.

The density may be achieved by counting existing trees to be conserved, planting new trees in accordance with the minimum standards of this article, or some combination of the two. The site density requirement must be met whether or not a site had trees prior to development. Minimum tree site density shall be calculated and established pursuant to the formula and analysis set forth in this section. The trees, both retained and new, where feasible shall be reasonably distributed throughout the site with emphasis on tree groupings to achieve results following professional landscape standards.

acres x 12 =

3" Shade trees = /// 2" Shade trees = /// 1.5" Flowering trees = /// Evergreen shrubs = /// Deciduous shrubs = ///

aa. Provide planting details, especially on steep slopes, if applicable.

bb. Provide the following maintenance statement on all landscape plans in large bold capital letters:

05 Large Shade/Canopy Trees 3 Inch Caliper 10 Large Shade/Canopy Trees 2 Inch Caliper 08 Small Understory/Flowering Trees 2 Inch Caliper 40 Evergreen Shrubs 3 Gallon Size (18 Inches)

15 Deciduous Shrubs 3 Gallon Size (18 Inches)

Buffers, screening requirements, and specimen tree replacements are considered to be in addition to these minimum landscape requirements.

08 Large Shade/Canopy Trees 2 Inch Caliper 08 Small Understory/Flowering Trees 2 Inch Caliper 20 Evergreen Shrubs 2 Gallon Size (12 Inches)

08 Deciduous Shrubs 2 Gallon Size (12 Inches)

Area 1 = 5 feet densely planted Area 2 = 15 feet densely planted Type C Buffer:

Area 1 = 20 feet densely planted Area 2 = 35 feet densely planted Type E Buffer:

Area 1 = 50 feet densely planted Area 2 = 1000 feet densely planted Type B Buffer:

Area 1 = 10 feet densely planted Area 2 = 25 feet densely planted Type D Buffer:

Area 1 = 20 feet densely planted Area 2 = 50 feet densely planted Supp. No. 16 BUFFER REQUIREMENTS OF ZONING CLASSIFICATION Subject Property Zoning Classification RS-20 RS-15 RU-7 RU-1 RU-2 RML RMH OI-1 OI-2 CUN CCS CBD CGN CHV ILT IHV PDR PDC PDO MXD Adjacent Property RS-20 RS-15 RU-7 RU-I RU-2 RML RMH OI-1 OI-2 CUN CCS CBD CGN CHV ILT ------------------------------------------------------------BBBBBBB--------BBBBBBBAA------BBBBBBBAA-------------------------------CCCCCBBAAAAA---CCCCCBBAAAAA---EEEEEDDCCBBBBB-EEEEEEEEECCCCCA BBBBBBB--------DDDDDDDBB------DDDDDDDBBBBBBB-CCCCCBB--------IHV PDR PDC PDO -------------A---B---B---B---C---C---C---C---C---C---C---EB-AECA -----D---DB--C--MXD A C A -2. Required undisturbed buffers must remain undisturbed and actively protected in perpetuity. Buffers must be replanted where sparsely vegetated or where disturbed for approved access and utility crossings. Existing vegetation shall be used to meet all or part of the requirements of this section whenever possible, if it provides the same level of obscurity as the planted buffer required below. Required buffer plantings allow for a mix of large canopy trees, small flowering/evergreen trees, and large shrubs. The mix is designed to create a buffer which will give a satisfactory screen within three to five years of planting, under normal maintenance, while allowing room for the various plants to grow.

Required Buffer Width Less Than 20' 21' To 30' 31' To 50' Greater Than 50' One Tree Per... 200 Sq. Ft. Of Buffer 300 Sq. Ft. Of Buffer 350 Sq. Ft. Of Buffer 400 Sq. Ft. Of Buffer Small trees are required to fulfill from no less than 20 percent to no more than 30 percent of the required number of trees. Additionally, evergreen trees are required to fulfill at least 50 percent of the required trees planted in buffers greater than 30 feet. Evergreen and small flowering trees, the same required size as the large canopy trees, are to be planted at the same rate as the large trees. Two evergreen or small flowering trees for each required tree, with a minimum height of five feet planted, may be substituted. Trees shall be distributed along the entire length of the buffer.

Required Buffer Width Less Than 20' 21' To 30' 31' To 50' Greater Than 50' One Shrub Per 50 Sq. Ft. Of Buffer 75 Sq. Ft. Of Buffer 125 Sq. Ft. Of Buffer 200 Sq. Ft. Of Buffer Variations in quantities and spacing of buffer shrubs may be approved by the city landscape architect when larger shrubs are provided.

Buffer Width Less Than 10' 10' To 20' 21' To 30' 31'To 50' Greater Than 50' Minimum Planting Rows 1 Row 2 Rows 3 Rows 4 Rows 4 Rows Plus 1 Row For Each Additional 15 Feet

Trees, which are used to meet the tree density requirements, shall be fully maintained in perpetuity. It is the responsibility of the property owner to water, fertilize, and treat trees in order to maintain tree health and vigor. The property owner shall, at all times, maintain the required tree density. Failure to maintain the required tree density factor at any time during the life of the project shall be a violation of this article. Trees which have been used to meet the tree density requirements shall not be removed at any time without approval of the city landscape architect. Removal of such trees will result in replacement of like kind and size.

It shall be the duty of any person or persons owning or occupying property subject to this article to maintain said property in good condition so as to present a healthy, neat, and orderly appearance. Property shall be kept free from refuse and debris. Planting beds shall be mulched to prevent weed growth and maintain soil moisture. Plant materials shall be pruned as required to maintain good health and character. Turf areas shall be mowed periodically. All roadways, curbs, and sidewalks shall be edged when necessary in order to prevent encroachment from adjacent grassed areas.

Site Density Factor (SDF) = Total Site Area (in acres) x 12 Units Per Acre EXISTING TREES ON PROPERTY:

No. of DBH Existing Units For Each Tree 10 x 0.6 = 11 x 0.7 = 12 x 0.8 = 13 x 0.9 = 14 x 1.1 = 15 x 1.2 = 16 x 1.4 = 17 x 1.6 = 18 x 1.8 = 19 x 2.0 = 20 x 2.2 = 21 x 2.4 = 22 x 2.6 = 23 x 2.9 = 24 x 3.1 = 25 x 3.4 = 26 x 3.7 = 27 x 4.0 = 28 x 4.3 = 29 x 4.6 = 30 x 4.7 = Total Units, (Trees To Be Saved) = No. of Total DBH Existing 31 x 32 x 33 x 34 x 35 x 36 x 37 x 38 x 39 x 40 x 41 x 42 x 43 x 44 x 45 x 46 x 47 x 48 x 49 x 50 x Units For Each Tree 5.2 = 5.6 = 5.9 = 6.3 = 6.7 = 7.1 = 7.5 = 7.9 = 8.3 = 8.7 = 9.2 = 9.6 = 10.1 = 10.6 = 11.0 = 11.5 = 12.0 = 12.6 = 13.1 = 13.6 = Total TREES TO BE PLANTED:

Caliper No. of (in)

New Trees x 2 x 3 x 4 x 5 x 6 x 7 x 8 x 9 x 10 x Total Units, (Trees To Be Planted) = Units for Each Tree 0.5 0.6 0.7 0.9 1.0 1.2 1.3 1.5 1.7 = Total Units = = = = = = = = = CITY OF NEWNAN'S PLANT PALETTE (Signature Plants In Boldface) (* - Denotes Evergreen)

Botanical Name OVERSTORY TREES Carya species Cercidiphyllum japonicum Fagus grandiflora Fraxinus americana Fraxinus pennsylvanica Ginkgo biloba Liriodendron tulipifera Magnolia grandiflora* Platanus occidentalis Quercus alba Quercus coccinea Quercus falcata Qurecus lyrata Quercus nigra Quercus nuttalli Quercus palustris Quercus rubra Quercus shumardii Quercus stellata Quercus phellos Tilia cordata Zelkova japonica MID STORY TREES Acer barbatum Acer rubrum Betula nigra Carpinus caroliniana Celtis laevigata Cladrastis kentukea Cryptomeria japonica * Gleditsia triacanthos var. inermis Juniperus virginiana * Metasequoia glyptostroboides * Nyssa sylvatica Ostrya virginiana Pinus virginiana * Pistacia chinensis Common Name Hickory Katsura Tree American Beech White Ash Red Ash Gingko Tulip Poplar Southern Magnolia Sycamore White Oak Scarlet Oak Southern Red Oak Overcup Oak Water Oak Nuttall Oak Pin Oak Northern Red Oak Shumard Oak Post Oak Willow Oak Littleleaf Linden Japanese Zelkova Southern Sugar Maple Red Maple River Birch American Hornbeam Sugar Hackberry American Yellowwood Cryptomeria Golden Honey Locust Red Cedar Dawn Redwood Black Gum Hophornbeam Virginia Pine Chinese Pistache Botanical Name Common Name Quercus laurifolia Laurel Oak Taxodium distichum Bald Cypress Ulmus parvifolia Lacebark Elm UNDERSTORY AND ORNAMENTAL TREES Acer buergerianum Trident Maple Acer campestre Hedge Maple Acer griseum Paperbark Maple Acer palmatum Japanese Maple Amelanchier arborea Serviceberry Cedrus deodara Deodar Cedar Cercis canadensis Eastern Red Bud Chionanthus virginicus Fringe Tree Cornus florida Flowering Dogwood Cornus kousa Kousa Dogwood Crataegus phaenopyrum Washington Hawthorne Cryptomeria japonica * Cryptomeria Halesia carolina Carolina Silverbell Hamamelis virginiana Witch Hazel Illicium floridanum Florida Anise Tree Ilex aquafolium x 'Nellie R. Stevens' * Nellie R. Stevens Holly Ilex attenuata x 'Fosteri' * Foster's Holly Ilex attenuata x 'Savannah' * Savannah Holly Ilex opaca * American Holly Ilex vomitoria (treeform) * Treeform Yaupon Holly Koelreuteria paniculata Goldenrain Tree Lagerstroemia indica Crape Myrtle Magnolia soulangiana Saucer Magnolia Magnolia stellata Star Magnolia Magnolia virginiana * Sweetbay Magnolia Malus species Flowering Crabapple Myrica cerifera (treeform) * Treeform Wax Myrtle Oxydendrum arboreum Sourwood Parrotia perisca Parrotia Prunus caroliniana * Cherry Laurel Prunus species Flowering Cherry Pyrus calleryana x Chanticleer Chanticleer Pear Sassafras albidum Sassafras Vitex agnus-castus Chaste Tree LARGER SHRUBS Abelia grandiflora * Glossy Abelia Aesculus pavia Red Buckeye Botanical Name Aesculus parviflora Aucuba japonica * Buxus sempervirens * Camellia japonica * Camellia sasanqua * Cleyera japonica * Elaeagnus pungens * Forsythia suspensa Hibiscus syriacus Hydrangea quercifolia Ilex aquafolium x 'Nellie R. Stevens' * Ilex attenuata x 'Fosteri' * Ilex attenuata x 'Savannah' * Ilex latifolia * Ilex cornuta 'Burfordii' * Ilex opaca * Ilex verticillata Ilex vomitoria * Kerria japonica Loropetalum chinense * Miscanthus varieties Myrica cerifera * Osmanthus fragrans * Pieris japonia * Prunus caroliniana * Rhodendron indica * Rhododendron species Rhododendron species * Viburnum opulus Viburnum sieboldi Vibernum plicatum x tomentosum SMALL/MEDIUM SHRUBS Azalea obtusum * Azalea hybrida * Berberis thunbergi Buxus microphylla * Callicarpa americana Calycanthus floridus Chaenomeles speciosa Clethra alnifolia Cotoneaster horizontalis * Common Name Bottlebrush Buckeye Aucuba Common Boxwood Camellia Sasanqua Camellia Japanese Cleyera Elaeagnus Border Forsythia Shrubalthea Oakleaf Hydrangea Nellie R. Stevens Holly Foster's Holly Savannah Holly Lusterleaf Holly Burford Holly American Holly Deciduous Holly Yaupon Holly Kerria Loropetalum Miscanthus Wax Myrtle Fragrant Tea Olive Japanese Pieris Cherry Laurel Indica Azaleas Native Azalea Rhododendron Snowball Viburnum Siebold Viburnum Doublefile Viburnum Kurume Azalea Glenn Dale Azalea Japanese Barberry Dwarf Boxwood Beautyberry Sweet Shrub Common Flowering Quince Summersweet Clethra Rock Cotoneaster Botanical Name Duetzia gracilis Euonymus alatus compactus Forsythia x intermedia Fothergillia gardenii Gardenia jasminoides * Hydrangea arborescens Hydrangea macrophylla Hydrangea paniculata Hydrangea quercifolia Ilex cornuta 'Burfordii nana' * Ilex cornuta "Carissa" * Ilex vomitoria 'Nana' * Itea virginica Jasminum floridanum * Jasminum nudiflorum Juniper species * Leucothoe populifolia * Mahonia aquifolium * Mahonia bealei * Nandina domestica * Prunus laurocerasus 'Otto Lukyen' * Prunus laurocerasus 'Schipkaensis' * Rhaphiolepis indica * Rosa species Spiraea species Weiglea florida GROUND COVERS Hedera helix * Hemerocallis species Hosta species Iberis sempervirens * Iris species Juniperus horizontalis * Lantana sellowiana Lirope muscari * Liriope spicata * Narcissus species Ophiopogon japonicus * Pachysandra terminalis * Phlox subulata Vinca minor * Common Name Slender Deutzia Dwarf Winged Euonymus Forsythia Dwarf Fothergilla Gardenia Snowhill Hydrangea Bigleaf Hydrangea Panicle Hydrangea Oakleaf Hydrangea Dwarf Burford Holly Carissa Holly Dwarf Yaupon Holly Virginia Sweetspire Flowering Jasmine Winter Jasmine Upright and Spreading Junipers Florida Leucothoe Oregon Grape Holly Leatherleaf Mahonia Nandina Otto Lukyen Laurel Skip Laurel Indian Hawthorn Shrub Roses/Old Roses Spirea Old Fashioned Weiglea English Ivy Day Lilies Hosta Evergreen Candytuft Iris Creeping Junipers Trailing Lantana Bigblue Liriope Creeping Liriope Daffodils Mondo Grass Pachysandra Thrift Common Periwinkle Botanical Name Vinca major * VINES Campsis radicans Clematis species Euonymus fortunei * Gelsemium sempervirens * Lonicera sempervirens Parthenocissus quinquefolia Rosa banksiae * Rosa hybrida Wisteria species FERNS Adiantum Capillus-Veneris Asplenium Filix-foemina Asplenium platyneuron Osmunda cinnamomea Osmunda regalis Polystichum acrostichoides

Secs. 10-87—10-109. Reserved.

Common Name Large Periwinkle Trumpet Vine Clematis Wintercreeper Carolina Yellow Jessamine Trumpet Honeysuckle Virginia Creeper Lady Banks Rose Climbing Roses Wisteria Maidenhair Fern Southern Lady Fern Ebony Spleenwort Cinnamon Fern Royal Fern Christmas Fern ARTICLE V. STREAM BUFFERS

Sec. 10-110. Title.

This article shall be known as the "City of Newnan, Georgia Stream Buffer Protection Ordinance." (Ord. No. 05-06, § I, 3-8-05)

Sec. 10-111. Purposes and findings.

Sec. 10-112. Definitions.

Buffer means, with respect to a stream, a natural or enhanced vegetated area (established by section 10-114 below), lying adjacent to the stream.

Floodplain means any land area susceptible to flooding, which would have at least a one percent probability of flooding occurrence in any calendar year based on the basin being fully developed as shown on the current land use plan; i.e., the regulatory flood.

Impervious cover means any manmade paved, hardened or structural surface regardless of material. Impervious cover includes but is not limited to rooftops, buildings, streets, roads, decks, swimming pools and any concrete or asphalt.

Land development means any land change, including but not limited to clearing, grubbing, stripping, removal of vegetation, dredging, grading, excavating, transporting and filling of land, construction, paving and any other installation of impervious cover.

Land development activity means those actions or activities which comprise, facilitate or result in land development.

Land disturbance means any land or vegetation change, including, but not limited to, clearing, grubbing, stripping, removal of vegetation, dredging, grading, excavating, transporting and filling of land, that do not involve construction, paving or any other installation of impervious cover.

Land disturbance activity means those actions or activities which comprise, facilitate or result in land disturbance.

Parcel means any plot, lot or acreage shown as a unit on the latest county tax assessment records.

Permit means the permit issued by the city required for undertaking any land development activity.

Person means any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, city, county or other political subdivision of the state, any interstate body or any other legal entity.

Protection area or stream protection area means, with respect to a stream, the combined areas of all required buffers and setbacks applicable to such stream.

Riparian means belonging or related to the bank of a river, stream, lake, pond or impoundment.

Setback means, with respect to a stream, the area established by section 10-114 extending beyond any buffer applicable to the stream.

Stream bank means the sloping land that contains the stream channel and the normal flows of the stream.

Stream channel means the portion of a watercourse that contains the base flow of the stream.

Watershed means the land area that drains into a particular stream. (Ord. No. 05-06, § I, 3-8-05)

Sec. 10-113. Applicability.

This article shall apply to all land development activity on property containing a stream protection area as defined in section 10-89 of this article. These requirements are in addition to, and do not replace or supersede, any other applicable buffer requirements established under state law and approval or exemption from these requirements do not constitute approval or exemption from buffer requirements established under state law or from other applicable local, state or federal regulations.

After the effective date of this article, it shall apply to new subdividing and platting activities. Any land development activity within a buffer established hereunder or any impervious cover within a setback established hereunder is prohibited unless a variance is granted pursuant to section 10-114(b) below. (Ord. No. 05-06, § I, 3-8-05)

Sec. 10-114. Land development requirements.

Sec. 10-115. Compatibility with other buffer regulations and requirements.

This article is not intended to interfere with, abrogate or annul any other ordinance, rule or regulation, statute or other provision of law. The requirements of this article should be considered minimum requirements, and where any provision of this article imposes restrictions different from those imposed by any other ordinance, rule, regulation or other provision of law, whichever provisions are more restrictive or impose higher protective standards for human health or the environment shall be considered to take precedence. (Ord. No. 05-06, § I, 3-8-05)

Sec. 10-116. Additional information requirements for development on buffer zone properties.

Any permit applications for property requiring buffers and setbacks hereunder must include the following:

All buffer and setback areas must be recorded on the final plat of the property following plan approval. (Ord. No. 05-06, § I, 3-8-05)

Sec. 10-117. Responsibility.

Neither the issuance of a development permit nor compliance with the conditions thereof, nor with the provisions of this article shall relieve any person from any responsibility otherwise imposed by law for damage to persons or property; nor shall the issuance of any permit hereunder serve to impose any liability upon the city, its officers or employees, for injury or damage to persons or property. (Ord. No. 05-06, § I, 3-8-05)

Sec. 10-118. Inspection.

The engineering department may cause inspections of the work in the buffer or setback to be made periodically during the course thereof and shall make a final inspection following completion ofthe work. The permittee shall assist the engineering department in making such inspections. The city shall have the authority to conduct such investigations as it may reasonably deem necessary to carry out its duties as prescribed in this article, and for this purpose to enter at reasonable time upon any property, public or private, for the purpose of investigating and inspecting the sites of any land development activities within the protection area.

CDl0:69 No person shall refuse entry or access to any authorized representative or agent who requests entry for purposes of inspection, and who presents appropriate credentials, nor shall any person obstruct, hamper or interfere with any such representative while in the process of carrying out official duties. (Ord. No. 05-06, § I, 3-8-05)

Sec. 10-119. Violations, enforcement and penalties.

Any action or inaction which violates the provisions of this article or the requirements of an approved site plan or permit may be subject to the enforcement actions outlined in this section. Any such action or inaction which is continuous with respect to time is deemed to be a public nuisance and may be abated by injunctive or other equitable relief. The imposition of any ofthe penalties described below shall not prevent such equitable relief.

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Sec. 10-120. Administrative appeal and judicial review.

Secs. 10-121-10-140. Reserved.

Sec. 10-141. Introduction.

Therefore, the city adopts this article to prohibit such nonstormwater discharges to the municipal separate storm sewer system. It is determined that the regulation of spills, improper dumping and discharges to the municipal separate storm sewer system is in the public interest and will prevent threats to public health and safety, and the environment. (Ord. No. 05-05, § I, 3-8-05)

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Sec. 10-142. General provisions.

Sec. 10-143. Definitions.

Accidental discharge means a discharge prohibited by this article which occurs by chance and without planning or thought prior to occurrence.

Clean Water Act means the Federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.), and any subsequent amendments thereto.

CDl0:73 Construction activity means activities subject to the state Erosion and Sedimentation Control Act or NPDES general construction permits. These include construction projects resulting in land disturbance. Such activities include but are not limited to clearing and grubbing, grading, excavating, and demolition.

Illicit discharge means any direct or indirect nonstormwater discharge to the municipal separate storm sewer system, except as exempted in section 10-102 of this article.

Industrial activity means activities subject to NPDES industrial permits as defined in 40 CFR, Section 122.26 (b) (14).

Municipal separate storm sewer system means any facility designed or used for collecting and/or conveying stormwater, including but not limited to any roads with drainage systems, highways, municipal streets, curbs, gutters, inlets, catch basins, piped storm drains, pumping facilities, structural stormwater controls, ditches, swales, natural and man-made or altered drainage channels, reservoirs, and other drainage structures, and which is:

National pollutant discharge elimination system (NPDES) stormwater discharge permit means a permit issued by the Georgia EPD under authority delegated pursuant to 33 USC § 1342(b) that authorizes the discharge of pollutants to waters ofthe United States, whether the permit is applicable on an individual, group, or general area-wide basis.

Nonstormwater discharge means any discharge to the storm drain system that is not composed entirely of stormwater.

Person means, except to the extent exempted from this article, any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, city, county or other political subdivision of the state, any interstate body or any other legal entity.

Pollutant means anything which causes or contributes to pollution. Pollutants may include, but are not limited to: paints, varnishes, and solvents; petroleum hydrocarbons; automotive CDl0:74 fluids; cooking grease; detergents (biodegradable or otherwise); degreasers; cleaning chemicals; non-hazardous liquid and solid wastes and yard wastes; refuse, rubbish, garbage, litter, or other discarded or abandoned objects and accumulations, so that same may cause or contribute to pollution; floatables; pesticides, herbicides, and fertilizers; liquid and solid wastes; sewage, fecal coli form and pathogens; dissolved and particulate metals; animal wastes; wastes and residues that result from constructing a building or structure; concrete and cement; and noxious or offensive matter of any kind.

Pollution means the contamination or other alteration of any water's physical, chemical or biological properties by the addition of any constituent and includes but is not limited to, a change in temperature, taste, color, turbidity, or odor of such waters, or the discharge of any liquid, gaseous, solid, radioactive, or other substance into any such waters as will or is likely to create a nuisance or render such waters harmful, detrimental or injurious to the public health, safety, welfare, or environment, or to domestic, commercial, industrial, agricultural, recreational, or other legitimate beneficial uses, or to livestock, wild animals, birds, fish or other aquatic life.

Premises mean any building, lot, parcel of land, or portion of land whether improved or unimproved including adjacent sidewalks and parking strips.

State waters means any and all rivers, streams, creeks, branches, lakes, reservoirs, ponds, drainage systems, springs, wells, and other bodies of surface and subsurface water, natural or artificial, lying within or forming a part of the boundaries of the state which are not entirely confined and retained completely upon the property of a single person.

Stormwater runoff or stormwater means any surface flow, runoff, and drainage consisting entirely of water from any form of natural precipitation, and resulting from such precipitation.

Structural stormwater control means a structural stormwater management facility or device that controls stormwater runoff and changes the characteristics of that runoff including, but not limited to, the quantity and quality, the period of release or the velocity of flow. (Ord. No. 05-05, § I, 3-8-05)

Sec. 10-144. Prohibitions

Sec. 10-145. Industrial or construction activity discharges.

Any person subject to an industrial or construction activity NPDES stormwater discharge permit shall comply with all provisions of such permit. Proof of compliance with said permit may be required in a form acceptable to the city prior to allowing discharges to the municipal separate storm sewer system. (Ord. No. 05-05, § I, 3-8-05)

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Sec. 10-146. Access and inspection of properties and facilities.

The city shall be permitted to enter and inspect properties and facilities at reasonable times as often as may be necessary to determine compliance with this article.

Sec. 10-147. Notification of accidental discharges and spills.

Notwithstanding other requirements of law, as soon as any person responsible for a facility, activity or operation, or responsible for emergency response for a facility, activity or operation has information of any known or suspected release of pollutants or nonstormwater discharges from that facility or operation which are resulting or may result in illicit discharges or CDl0:77 pollutants discharging into stormwater, the municipal separate storm sewer system, state waters, or waters of the U.S., said person shall take all necessary steps to ensure the discovery, containment, and cleanup of such release so as to minimize the effects of the discharge.

Sec. 10-148. Violations, enforcement, and penalties.

Sec. 10-149—10-160. Reserved.

ARTICLE VII. POST-CONSTRUCTION STORMWATER MANAGEMENT FOR NEW DEVELOPMENT AND REDEVELOPMENT*

Sec. 10-161. Purpose and intent.

The purpose of this article is to protect, maintain and enhance the public health, safety, environment and general welfare by establishing minimum requirements and procedures to control the adverse effects of increased post-construction stormwater runoff and nonpoint source pollution associated with new development and redevelopment. Proper management of post-construction stormwater runoff will minimize damage to public and private property and infrastructure, safeguard the public health, safety, environment and general welfare of the public, and protect water and aquatic resources. Additionally, the City of Newnan is required to comply with several State and Federal laws, regulations and permits and the requirements of the Metropolitan North Georgia Water Planning District's regional water plan related to managing the water quantity, velocity, and quality of post-construction stormwater runoff. (Ord. No. 2020-21, § I, 12-8-20)

Sec. 10-162. Definitions.

For this article, the terms below shall have the following meanings:

Administrator means the person appointed to administer and implement this article on post-construction stormwater management for new development and redevelopment in accordance with section 10-164.

*Editor’s note—Ord. No. 2020-21, § I, adopted Dec. 8, 2020, repealed and reenacted Art. VII to read as set out herein. Former Art. VII, §§ 10-161—10-170 pertained to similar subject matter and derived from Ord. No. 05-10, § I, adopted March 22, 2005; Ord. No. 12-12, § I, adopted July 24, 2012; Ord. No. 12-21, §§ I, II, adopted Oct. 9, 2012; and Ord. No. 17-17, § I, adopted Sept. 12, 2017.

Applicant means a person submitting a land development application for approval.

BMP or best management practice means both structural devices to store or treat stormwater runoff and non-structural programs or practices which are designed to prevent or reduce the pollution of the waters of the State of Georgia.

BMP landscaping plan means a design for vegetation and landscaping that is critical to the performance and function of the BMP including how the BMP will be stabilized and established with vegetation. It shall include a layout of plants and plant names (local and scientific).

Channel means a natural or artificial watercourse with a definite bed and banks that conveys continuously or periodically flowing water.

Detention means the temporary storage of stormwater runoff in a stormwater detention facility for the purpose of controlling the peak discharge.

Detention facility means a structure designed for the storage and gradual release of stormwater runoff at controlled rates.

Development means new development or redevelopment.

Extended detention means the storage of stormwater runoff for an extended period of time.

Extreme flood protection means measures taken to prevent adverse impacts from large low-frequency storm events with a return frequency of 100 years or more.

Flooding means a volume of surface water that exceeds the banks or walls of a BMP, or channel; and overflows onto adjacent lands.

GSMM means the latest edition of the Georgia Stormwater Management Manual, Volume 2: Technical Handbook, and its Appendices.

Hotspot means a land use or activity on a site that has the potential to produce higher than normally found levels of pollutants in stormwater runoff. As defined by the administrator, hotspot land use may include gasoline stations, vehicle service and maintenance areas, industrial facilities (both permitted under the Industrial Stormwater General Permit and others), material storage sites, garbage transfer facilities, and commercial parking lots with high-intensity use.

Impervious surface means a surface composed of any material that significantly impedes or prevents the natural infiltration of water into the soil.

Industrial stormwater general permit means the National Pollutant Discharge Elimination System (NPDES) permit issued by Georgia Environmental Protection Division to an industry for stormwater discharges associated with industrial activity. The permit regulates pollutant levels associated with industrial stormwater discharges or specifies on-site pollution control strategies based on Standard Industrial Classification (SIC) Code.

Infiltration means the process of percolating stormwater runoff into the subsoil.

Inspection and maintenance agreement means a written agreement providing for the long-term inspection, operation, and maintenance of the stormwater management system and its components on a site.

Land development application means the application for a land development permit on a form provided by City of Newnan along with the supporting documentation required in section 10-170(1).

Land development permit means the authorization necessary to begin constructionrelated, land-disturbing activity Land disturbing activity means any activity which may result in soil erosion from water or wind and the movement of sediments into state water or onto lands within the state, including but not limited to clearing, dredging, grading, excavating, and filling of land. Land disturbing activity does not include agricultural practices as described O.C.G.A. § 12-7-17(5) or silvicultural land management activities as described O.C.G.A. § 12-7-17(6) within areas zoned for these activities.

Linear feasibility program means a feasibility program developed by City of Newnan and submitted to the Georgia Environmental Protection Division, which sets reasonable criteria for determining when implementation of stormwater management standards for linear transportation projects being constructed by City of Newnan is infeasible.

Linear transportation projects means construction projects on traveled ways including but not limited to roads, sidewalks, multi-use paths and trails, and airport runways and taxiways.

MS4 Permit means the NPDES permit issued by Georgia Environmental Protection Division for discharges from the City of Newnan's municipal separate storm sewer system.

New development means land disturbing activities, structural development (construction, installation or expansion of a building or other structure), and/or creation of impervious surfaces on a previously undeveloped site.

Nonpoint source pollution means a form of water pollution that does not originate from a discrete point such as a wastewater treatment facility or industrial discharge, but involves the transport of pollutants such as sediment, fertilizers, pesticides, heavy metals, oil, grease, bacteria, organic materials and other contaminants from land to surface water or groundwater via mechanisms such as precipitation, stormwater runoff, and leaching. Nonpoint source pollution is a by-product of land use practices such as agricultural, silvicultural, mining, construction, subsurface disposal and urban runoff sources.

Overbank flood protection means measures taken to prevent an increase in the frequency and magnitude of out-of-bank flooding (i.e. flow events that exceed the capacity of the channel and enter the floodplain).

Owner means the legal or beneficial owner of a site, including but not limited to, a mortgagee or vendee in possession, receiver, executor, trustee, lessee or other person, firm or corporation in control of the site.

Person means any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, city, county or other political subdivision of the state, any interstate body or any other legal entity.

Post-construction stormwater management means stormwater best management practices that are used on a permanent basis to control and treat runoff once construction has been completed in accordance with a stormwater management plan.

Post-development means the conditions anticipated to exist on site immediately after completion of the proposed development.

Practicability policy means the latest edition of the Metropolitan North Georgia Water Planning District's Policy on Practicability Analysis for Runoff Reduction.

Pre-development means the conditions that exist on a site immediately before the implementation of the proposed development. Where phased development or plan approval occurs (preliminary grading, roads and utilities, etc.), the existing conditions at the time before the first item being approved or permitted shall establish pre-development conditions.

Pre-development hydrology means (a) for new development, the runoff curve number determined using natural conditions hydrologic analysis based on the natural, undisturbed condition of the site immediately before implementation of the proposed development; and (b) for redevelopment, the existing conditions hydrograph may take into account the existing development when defining the runoff curve number and calculating existing runoff, unless the existing development causes a negative impact on downstream property.

Previously developed site means a site that has been altered by paving, construction, and/or land disturbing activity.

Redevelopment means structural development (construction, installation, or expansion of a building or other structure), creation or addition of impervious surfaces, replacement of impervious surfaces not as part of routine maintenance, and land disturbing activities associated with structural or impervious development on a previously developed site. Redevelopment does not include such activities as exterior remodeling.

Routine maintenance means activities to keep an impervious surface as near as possible to its constructed condition. This includes ordinary maintenance activities, resurfacing paved areas, and exterior building changes or improvements which do not materially increase or concentrate stormwater runoff, or cause additional nonpoint source pollution.

Runoff means stormwater runoff.

Site means an area of land where development is planned, which may include all or portions of one or more parcels of land. For subdivisions and other common plans of development, the site includes all areas of land covered under an applicable land development permit.

Stormwater concept plan means an initial plan for post-construction stormwater management at the site that provides the groundwork for the stormwater management plan including the natural resources inventory, site layout concept, initial runoff characterization, and first round stormwater management system design.

Stormwater management plan means a plan for post-construction stormwater management at the site that meets the requirements of section 10-168(d) and is included as part of the land development application.

Stormwater management standards means those standards set forth in section 10-167.

Stormwater management system means the entire set of non-structural site design features and structural BMPs for collection, conveyance, storage, infiltration, treatment, and disposal of stormwater runoff in a manner designed to prevent increased flood damage, streambank channel erosion, habitat degradation and water quality degradation, and to enhance and promote the public health, safety and general welfare.

Stormwater runoff means flow on the surface of the ground, resulting from precipitation.

Subdivision means the division of a tract or parcel of land resulting in one or more new lots or building sites for the purpose, whether immediately or in the future, of sale, other transfer of ownership or land development, and includes divisions of land resulting from or made in connection with the layout or development of a new street or roadway or a change in an existing street or roadway.

Other terms used but not defined in this article shall be interpreted based on how such terms are defined and used in the GSMM and the City of Newnan MS4 permit. (Ord. No. 2020-21, § I, 12-8-20)

Sec. 10-163. Adoption and implementation of the GSMM; conflicts and inconsistencies.

Sec. 10-164. Designation of administrator.

The city manager may from time to time appoint someone to administer and implement this article. (Ord. No. 2020-21, § I, 12-8-20)

Sec. 10-165. Applicability criteria for stormwater management standards.

Sec. 10-166. Exemptions from stormwater management standards.

Sec. 10-167. Stormwater management standards.

Subject to the applicability criteria in section 10-165 and exemptions in section 10-166, the following stormwater management standards apply. Additional details for each standard can be found in the GSMM Section 2.2.2.2:

Sec. 10-168. Pre-submittal meeting, stormwater concept plan, and stormwater management plan requirements.

Sec. 10-169. Application fee.

The fee for review of any land development application shall be based on the fee structure established by the City of Newnan and payment shall be made before the issuance of any land disturbance permit or building permit for the development. (Ord. No. 2020-21, § I, 12-8-20)

Sec. 10-170. Application procedures.

Land development applications are handled as part of the process to obtain the land disturbance permit pursuant to Soil Erosion Contract ordinance or building permit Building Code ordinance, as applicable. Before any person begins development on a site, the owner of the site shall first obtain approval in accordance with the following procedure:

Sec. 10-171. Compliance with the approved stormwater management plan.

No changes may be made to an approved stormwater management plan without review and advanced written approval by the administrator. (Ord. No. 2020-21, § I, 12-8-20)

Sec. 10-172. Inspections to ensure plan compliance during construction.

Periodic inspections of the stormwater management system during construction shall be conducted by the staff of the City of Newnan or conducted and certified by a professional engineer who has been approved by the City of Newnan. Inspections shall use the approved stormwater management plan for establishing compliance. All inspections shall be documented with written reports that contain the following information:

Sec. 10-173. Final inspection; as-built drawings; delivery of inspection and maintenance agreement.

Upon completion of the development, the applicant is responsible for:

The required certification under part (1) shall include a certification of volume, or other performance test applicable to the type of stormwater management system component, to ensure each component is functioning as designed and built according to the design specifications in the approved stormwater management plan. This certification and the required performance tests shall be performed by a qualified person and submitted to the City of Newnan with the request for a final inspection. The City of Newnan shall perform a final inspection with applicant to confirm applicant has fulfilled these responsibilities. (Ord. No. 2020-21, § I, 12-8-20)

Sec. 10-174. Violations and enforcement.

Any violation of the approved stormwater management plan during construction, failure to submit as-built drawings, failure to submit a final BMP landscaping plan, or failure of the final inspection shall constitute and be addressed as violations of, or failures to comply with, the underlying land disturbance permit pursuant to article III, section 10-50 et seq. of the City of Newnan Code of Ordinances or the underlying building permit pursuant to section 5-30, of the City of Newnan Code of Ordinances. To address a violation of this article, the City of Newnan shall have all the powers and remedies that are available to it for other violations of building and land disturbance permits, including without limitation the right to issue notices and orders to ensure compliance, stop work orders, and penalties as set forth in the applicable ordinances for such permits. (Ord. No. 2020-21, § I, 12-8-20)

Sec. 10-175. Maintenance by owner of stormwater management systems predating current GSMM.

For any stormwater management systems approved and built based on requirements predating the current GSMM and that is not otherwise subject to an inspection and maintenance agreement, such stormwater management systems shall be maintained by the owner so that the stormwater management systems perform as they were originally designed. (Ord. No. 2020-21, § I, 12-8-20)

Sec. 10-176. Inspection and maintenance agreements.

Sec. 10-177. Right of entry for maintenance inspections.

The terms of the inspection and maintenance agreement shall provide for the City of Newnan's right of entry for maintenance inspections and other specified purposes. If a site was developed before the requirement to have an inspection and maintenance agreement or an inspection and maintenance agreement was for any reason not entered into, recorded, or has otherwise been invalidated or deemed insufficient, then the City of Newnan shall have the right to enter and make inspections pursuant to the City of Newnan's general provisions for property maintenance inspections pursuant to section 5-21 of the City of Newnan Code of Ordinances. (Ord. No. 2020-21, § I, 12-8-20)

Sec. 10-178. Owner's failure to maintain the stormwater management system.

The terms of the inspection and maintenance agreement shall provide for what constitutes a failure to maintain a stormwater management system and the enforcement options available to City of Newnan. If a site was developed before the requirement to have an inspection and maintenance agreement or an inspection and maintenance agreement was for any reason not entered into, recorded, or has otherwise been invalidated or deemed insufficient, then:

Sec. 10-179. Extent of service policy, infrastructure operation, maintenance and repairs.

Policy on Practicability Analysis for Runoff Reduction Introduction Runoff reduction practices are stormwater Best Management Practices (BMPs) used to disconnect impervious and disturbed pervious surfaces from the storm drainage system. The purpose is to reduce post-construction stormwater runoff rates, volumes, and pollutant loads. Runoff reduction is more than simple infiltration. The Runoff Reduction Volume (RRv) is the retention volume calculated to infiltrate, evapotranspirate, harvest and use, or otherwise remove runoff from a post-developed condition to more closely mimic the natural hydrologic conditions.

Certain conditions, such as soils with very low infiltration rates, high groundwater, or shallow bedrock, may lead a local jurisdiction to waive or reduce the runoff reduction requirement for proposed site development on a case-by-case basis. If any of the stormwater runoff volume generated by the first 1.0" of rainfall cannot be reduced or retained on the site, due to site characteristics or constraints, the remaining volume shall be increased by a multiplier of 1.2 and shall be intercepted and treated in one or more best management practices that provide at least an 80 percent reduction in total suspended solids.

The Policy on Practicability Analysis for Runoff Reduction (practicability policy) was developed to provide guidance about the site conditions and supporting documentation that could justify a "Determination of Infeasibility" for the runoff reduction requirement. This practicability policy does not address infeasibility for linear transportation projects being constructed by the local jurisdiction, other local governments, or authorities.

The practicability policy is based on the following principles:

The local jurisdiction is responsible for the review of land development applications and determination that it is infeasible to apply the runoff reduction requirement on part or all of a proposed site development. Local jurisdictions may choose to make substantive changes or otherwise customize this practicability policy. These further changes and customizations are allowable so long as their substance meets the requirements of a local jurisdiction's MS4 permit. EPD is responsible for evaluating MS4 permit and District Plan compliance, which includes verifying whether changes and customizations are "at least as effective." EPD has reviewed this document and their comments have been incorporated.

Conditions that may warrant a Determination of Infeasibility The GSMM provides broad guidance about conditions that may lead a local jurisdiction to waive or reduce the runoff reduction requirement. The following conditions may warrant a Determination of Infeasibility.

Supplemental Materials The District has prepared supplemental materials to support the implementation of this practicability policy. Appendix A is meant for internal use and provides an overview of the steps a local jurisdiction could take to implement the practicability policy and issue a Determination of Infeasibility. Appendix B has a template the local jurisdiction could use as a runoff reduction infeasibility form.

Appendix A: Overview of Processing a Determination of Infeasibility Obtaining a Determination of Infeasibility Determination of Infeasibility is not an all or nothing proposition. Designers must demonstrate that they have explored all avenues to meet the runoff reduction standard. If this is determined to be infeasible, they must attempt to provide the maximum percentage of RRv on site as feasible. Only after all attempts to provide any RRv on site are exhausted will the local jurisdiction consider a Determination of Infeasibility. The following process is recommended to:

Does the Site Qualify for a Determination of Infeasibility?

Answering "NO" to any of the following questions may indicate that the site qualifies for a Determination of Infeasibility:

Prior to Construction

During Construction

[Insert Local Jurisdiction Name] Runoff Reduction Infeasibility (RRI) Form for Determination of Infeasibility Design Professional Primary Contact (Name/Email/Phone):

____________________________________________________________________________________ Description of Site/Land Development Application Number:

Maximum Practicable Runoff Reduction Volume*

____________________________________________________________________________________ GENERAL SUPPORTING DOCUMENTATION All General Supporting Documentation must be included with this RRI Form for the submittal for a Determination of Infeasibility to be considered complete. Please check each item below to confirm it has been included in the submittal package.

7 Stormwater Concept Plan that has been developed based on site analysis, and natural resources inventory (including impracticability) in accordance with Section 2.4.2.5 of the GSMM 7 GSMM Stormwater Quality Site Development Review Tool for the Stormwater Concept Plan 7 Please include justification that the site cannot accommodate best management practices that rely on evapotranspiration and reuse such as rainwater harvesting or green roofs ____________________________________________________________________________________ SITE CONDITION APPLICABILITY (descriptions are in Policy on Practicability Analysis for Runoff Reduction)

Please check each applicable item below and confirm the supporting documentation has been included in the submittal for a Determination of Infeasibility.

Site Condition " Soil Infiltration Rate Supporting Documentation Infiltration test(s), Soil Boring Log(s), and Report of results as interpreted by a Professional Engineer, Professional Geologist, or Soil Scientist licensed in Georgia ☐ Water Table Soil Boring Log(s) and Report with results of the seasonal high-water table assessment as interpreted by a Profes-☐ Bedrock " Extreme Topography sional Engineer, Professional Geologist, or Soil Scientist licensed in Georgia Soil Boring Log(s) and Report with results of the shallow bedrock assessment as interpreted by a Professional Engineer, Professional Geologist, or Soil Scientist licensed in Georgia Site survey showing 50% of the site is steeper than 3:1 slopes as interpreted by a Professional Engineer or Land Surveyor licensed in Georgia AND Stormwater Concept ☐ Karst Topography ☐ Hotspots/Contamination " Historic Resources Plan showing the proposed post-development condition will not change from the site survey Report developed by a Professional Engineer, Professional Geologist, or Soil Scientist licensed in Georgia Phase I Environmental Assessment Report Documentation of the NAHRGIS listing OR Report of assessment from a Preservation Professional (including ☐ Site Constraints " Economic Hardship* Archaeologist, Architectural Historian, Historian, Historic Preservationist, or Historic Preservation Planner) Site Plan identifying all development requirements (e.g. zoning side/front setbacks, build-to-lines, stream buffers, floodplains, septic fields) that are creating irreconcilable conflicts with on-site runoff reduction An estimated cost comparison of proposed runoff reduction practices compared to the proposed water quality practices must be included to demonstrate an economic hardship and must show the cost of providing runoff reduction is a minimum of three times greater than the cost of providing water quality practices

Remainder of Volume treated by Water Quality Best Management Practice:

____________________________________________________________________________________ Design Professional Printed Name Design Professional Signature FOR [INSERT LOCAL JURISDICTION NAME] USE ONLY ☐ APPROVED ☐ APPROVED with conditions ☐ DENIED Reviewer:

(Print Name) (Signature) (Date)

ENVIRONMENT Determiniation of Infeasibility Process NEWNAN CODE Exhibit "B"

ARTICLE VIII. FLOODPLAIN MANAGEMENT AND FLOOD DAMAGE PREVENTION

Sec. 10-181. Introduction.

Sec. 10-182. General provisions.

This article shall not create liability on the part ofthe city, or by any officer or employee thereof for any flood damages that result from reliance on this article or any administrative decision lawfully made there under. (Ord. No. 05-11, § I, 3-22-05; Ord. No. 06-5, § I, 5-9-06)

Sec. 10-183. Definitions.

Addition (to an existing building) means any walled and roofed expansion to the perimeter of a building in which the addition is connected by a common load-bearing wall other than a fire wall. Any walled and roofed addition which is connected by a fire wall or is separated by an independent perimeter load-bearing wall shall be considered new construction.

Appeal means a request for a review of the building official's or his designee's interpretation of any provision of this article.

Area of shallow fiooding means a designated AO or AH zone on a community's flood insurance rate map (FIRM) with base flood depths from one to three feet, and/or where a clearly defined channel does not exist, where the path of flooding is unpredictable and indeterminate, and where velocity flow may be evident.

Area ofspecial /food hazard is the land subject to a one percent or greater chance offlooding in any given year. This includes all floodplain and flood prone areas at or below the base flood elevation (including A, Al-30, A-99, AE, AO, AH, and AR on the FHBM or the FIRM), all floodplain and flood prone areas at or below the future-conditions flood elevation, and all other flood prone areas as referenced in section 10-182(d). All streams with a drainage area of 100 acres or greater shall have the area of special flood hazard delineated.

Base /food means the flood having a one percent chance of being equaled or exceeded in any given year, also known as the 100-year flood.

Base fiood elevation means the highest water surface elevation anticipated at any given point during the base flood.

Basement means that portion of a building having its floor subgrade (below ground level) on all sides.

Building means any structure built for support, shelter, or enclosure for any occupancy or storage.

Development means any man-made change to improved or unimproved real estate including but not limited to buildings or other structures, mining, dredging, filling, clearing, grubbing, grading, paving, any other installation ofimpervious cover, excavation or drilling operations or storage of equipment or materials.

Elevated building means a non-basement building built to have the lowest floor of the lowest enclosed area elevated above the ground level by means of fill, solid foundation perimeter walls, pilings, columns, piers, or shear walls adequately anchored so as not to impair the structural integrity of the building during a base flood event.

CDl0:102 Existing construction means any structure for which the "start of construction" commenced before May 12, 1975.

Existing manufactured home park or subdivision means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum the installation of utilities, the construction of streets, and final site grading or the pouring of concrete pads) was completed before May 12, 1975.

Expansion to an existing manufactured home park or subdivision means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed, including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads.

FEMA means the Federal Emergency Management Agency.

Flood or flooding means a general and temporary condition of partial or complete inundation of normally dry land areas from:

Flood hazard boundary map or FHBM means an official map of a community, issued by the Federal Insurance Administration, where the boundaries of areas of special flood hazard have been defined as zone A.

Flood insurance rate map or FIRM means an official map of a community, issued by the Federal Insurance Administration, delineating the areas of special flood hazard and/or risk premium zones applicable to the community.

Flood insurance study or FIS means the official report by the Federal Insurance Administration evaluating flood hazards and containing flood profiles and water surface elevations of the base flood.

Floodplain means any land area susceptible to flooding.

Floodproofing means any combination of structural and non-structural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.

Floodway or regulatory floodway means the channel of a stream or other watercourse and the adjacent areas of the floodplain which is necessary to contain and discharge the base flood flow without cumulatively increasing the base flood elevation more than one foot.

Functionally dependent use means a use which cannot perform its intended purpose unless it is located or carried out in close proximity to water.

Future conditions flood means the flood having a one percent chance of being equaled or exceeded in any given year based on future-conditions hydrology. Also known as the 100-year future-conditions flood.

CDl0:103 Future-condition fiood elevation means the flood standard equal to or higher than the base flood elevation. The future-condition flood elevation is defined as the highest water surface anticipated at any given point during the future-conditions flood.

Future-conditions fioodplain means any land area susceptible to flooding by the futureconditions flood.

Future-conditions hydrology means the flood discharges associated with projected land-use conditions based on a community's zoning map, comprehensive land-use plans, and/or watershed study projections, and without consideration of projected future construction of flood detention structures or projected future hydraulic modifications within a stream or other waterway, such as bridge and culvert construction, fill, and excavation.

Highest adjacent grade means the highest natural elevation of the ground surface, prior to construction, adjacent to the proposed foundation of a building.

Lowest fioor means the lowest floor of the lowest enclosed area, including basement. An unfinished or flood resistant enclosure, used solely for parking of vehicles, building access, or storage, in an area other than a basement, is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of other provisions of this article.

Manufactured home means a building, transportable in one or more sections, built on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities. The term includes any structure commonly referred to as a "mobile home" regardless ofthe date of manufacture. The term also includes parked trailers, travel trailers and similar transportable structures placed on a site for 180 consecutive days or longer and intended to be improved property.

CDl0:104 Mean sea level means the average height of the sea for all stages of the tide. It is used as a reference for establishing various elevations within the floodplain. For purposes of this article the term is synonymous with National Geodetic Vertical Datum (NGVD) and/or the North American Vertical Datum (NAVD) of 1988.

National Geodetic Vertical Datum (NGVD) as corrected in 1929 is a vertical control used as a reference for establishing varying elevations within the floodplain.

New construction means any structure (see definition) for which the "start of construction" commenced after May 12, 1975 and includes any subsequent improvements to the structure.

New manufactured home park or subdivision means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation ofutilities, the construction of streets, and either final site grading or the pouring of concrete pads) is or is to be completed on or after May 12, 1975.

North American Vertical Datum (NAVD) of 1988 is a vertical control used as a reference for establishing varying elevations within the floodplain.

Owner means the legal or beneficial owner of a site, including but not limited to, a mortgagee or vendee in possession, receiver, executor, trustee, lessee or other person, firm or corporation in control of the site.

Permit means the permit issued by the building department to the applicant which is required prior to undertaking any development activity.

Site means the parcel of land being developed, or the portion thereof on which the development project is located.

Start of construction means the date the permit was issued, provided the actual start of construction, repair, reconstruction, or improvement was within 180 days of the permit date. The actual start means the first placement of permanent construction of the structure such as the pouring of slabs or footings, installation of piles, construction of columns, or any work beyond the stage of excavation, and includes the placement of a manufactured home on a foundation. Permanent construction does not include initial land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of buildings appurtenant to the permitted structure, such as garages or sheds not occupied as dwelling units or part of CDl0:105 the main structure (NOTE: accessory structures are not exempt from any article requirements). For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

Structure means a walled and roofed building that is principally above ground, a manufactured home, a gas or liquid storage tank.

Subdivision means the division of a tract or parcel ofland resulting in one or more new lots or building sites for the purpose, whether immediately or in the future, of sale, other transfer of ownership or land development, and includes divisions of land resulting from or made in connection with the layout or development of a new street or roadway or a change in an existing street or roadway.

Substantial damage means damage of any origin sustained by a structure whereby the cost ofrestoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.

Substantial improvement means any combination of repairs, reconstruction, alteration, or improvements to a building, taking place during a ten-year period, in which the cumulative cost equals or exceeds 50 percent of the market value of the structure prior to the improvement. The market value of the building means:

This term includes structures which have incurred "substantial damage" regardless of the actual amount of repair work performed. For the purposes of this definition, "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the building. The term does not, however, include those improvements of a building required to comply with existing health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions, which have been pre-identified by the code enforcement official, and not solely triggered by an improvement or repair project.

Substantially improved existing manufactured home park or subdivision is where the repair, reconstruction, rehabilitation or improvement of the streets, utilities and pads equals or exceeds 50 percent of the value of the streets, utilities and pads before the repair, reconstruction or improvement commenced.

Variance is a grant ofrelieffrom the requirements of this article which permits construction in a manner otherwise prohibited by this article.

Violation means the failure of a structure or other development to be fully complaint with the community's floodplain management regulations. A structure or other development CDl0:106 without the elevation certificate, other certificates, or other evidence of compliance required in this article is presumed to be in violation until such time as that documentation is provided. (Ord. No. 05-11, § I, 3-22-05; Ord. No. 06-5, § I, 5-9-06)

Sec. 10-184. Permit procedures and requirements.

Unless specifically excluded by this article, any landowner or developer desiring a permit for a development activity shall submit to the city building department a permit application on a form provided by the city building department for that purpose.

No permit will be approved for any development activities that do not meet the requirements, restrictions and criteria of this article.

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The approved floodplain management/flood damage prevention plan shall contain certification by the applicant that all development activities will be done according to the plan or previously approved revisions. Any and all development permits and/or use and occupancy certificates or permits may be revoked at any time if the construction and development activities are not in strict accordance with approved plans.

Any work undertaken prior to approval of these certifications shall be at the permit holder's risk. The building official or his designee shall review the above referenced certification data submitted. Deficiencies detected by such review shall be corrected by the permit holder immediately and prior to further work being allowed to proceed. Failure to submit certification or failure to make the corrections required hereby shall be cause to issue a stop work order for the project.

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Sec. 10-185. Standards for development.

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Sec. 10-186. Provisions for flood damage reduction.

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If data are not available from any of these sources, the following provisions shall apply:

Sec. 10-187. Variance procedures.

The following variance and appeals procedures shall apply to an applicant who has been denied a permit for a development activity, or to an owner or developer who has not applied for a permit because it is clear that the proposed development activity would be inconsistent with CDl0:117 the provisions of this article. A request for a variance may be submitted by an applicant who has been denied a permit by the city building official or his designee, or by an owner or developer who has not previously applied for a permit for the reasons stated herein above.

Sec. 10-188. Violations, enforcement and penalties.

Any action or inaction which violates the provisions ofthis article or the requirements ofan approved stormwater management plan or permit, may be subject to the enforcement actions outlined in this section. Any such action or inaction which is continuous with respect to time is deemed to be a public nuisance and may be abated by injunctive or other equitable relief. The imposition of any of the penalties described below shall not prevent such equitable relief. The imposition of any of the penalties described below shall not prevent such equitable relief.

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